OBJECT AND TASK OF THE EVIDENCE IN THE CIVIL PROCESS
Autor (i): Nicolae, Grădinaru
JEL: K0 K1
Cuvinte cheie: evidence, object of evidence, burden of proof, authentic, exceptions
Abstract:
The object of the evidence is the element that must be proved by the one who claims a right. Consequently, the object of the evidence is the “legal acts and facts”, from which result the correlative rights and obligations of the concrete legal relationship. For example, in order to be proven, the deposit contract must be concluded in writing (art. 2104 of the new Civil Code). According to art. 249 of the Code of Civil Procedure, the one who makes a claim during the trial must prove it, except for the specific cases provided by law. In turn, the "defendant" may challenge the plaintiff's claims by invoking exceptions, such as: the authority of res judicata, the expiry of the limitation period, the debt has been extinguished, the nullity of the act, etc.
The object of the evidence is the element that must be proved by the one who claims a right. Consequently, the object of the evidence is the “legal acts and facts”, from which result the correlative rights and obligations of the concrete legal relationship. For example, in order to be proven, the deposit contract must be concluded in writing (art. 2104 of the new Civil Code). According to art. 249 of the Code of Civil Procedure, the one who makes a claim during the trial must prove it, except for the specific cases provided by law. In turn, the "defendant" may challenge the plaintiff's claims by invoking exceptions, such as: the authority of res judicata, the expiry of the limitation period, the debt has been extinguished, the nullity of the act, etc.
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